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Warren D. Woessner
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This blog, Patents4Life, does not contain legal advice and is for informational purposes only. Its publication does not create an attorney-client relationship nor is it a solicitation for business. This is the personal blog of Warren Woessner and does not reflect the views of Schwegman Lundberg & Woessner, or any of its attorneys or staff. To the best of his ability, the Author provides current and accurate information at the time of each post, however, readers should check for current information and accuracy.
Tag Archives: PTAB
BIO IP & Diagnostics Conference – Is the Titanic Turning Around?
On September 28th, I will be moderating a panel on patenting diagnostic tests – and related subject matter – such as methods of medical treatment, at BIO’s annual IP & Diagnostics Symposium in Alexandria, VA. At the beginning of 2018, … Continue reading
Posted in BIO, Section 101
Tagged Berkheimer, bio, IP & Diagnostics Symposium, Mayo/Alice, PTAB, Warren Woessner
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Ex parte Parenteau – PTAB Skips Step One of the Mayo/Alice Test?
In ex parte Ho, the subject of my last post, the PTAB reversed the Examiner’s rejection of claims to a population of bone marrow cells obtained by two-stage culturing that expressed or failed to express certain markers. The PTAB wrote … Continue reading
Posted in Section 101, Section 103
Tagged ex parte Ho, Ex parte Parenteau, Federal Circuit, Mayo/Alice, Myriad, PTAB, s. 101 rejection, s. 103 rejection, Warren Woessner
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Ex parte Ho – Burden Shifting in s.101 Rejections
In Judge Plager’s concurrence-in-part in Interval Licensing v. AOL, Inc., he describes the “small puzzle” present in the Mayo/Alice analysis of a claim identified as directed to an abstract idea: “[I]f a court, after reviewing challenged claims in light of … Continue reading
Posted in Section 101
Tagged Interval Licensing v. AOL, Judge Plager, Mayo/Alice, PTAB, s. 101, USPTO, Warren Wossner
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Ex Parte Schwartz – A Pyrrhic Reversal of a 101 Rejection
The PTAB decision reversing the Examiner’s s. 101 rejection in Ex Parte Schwartz, Appeal 2017-004975 (August 2, 2018) both demonstrates the need for more Examiner training on the ever-changing definition/identification of an abstract idea, particularly in the context of inventions … Continue reading
Posted in Section 101
Tagged 101 Rejection, Ex Parte Schwartz, Life Science, Mayo/Alice, PTAB, Section 101, Warren Woessner
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